Medical Malpractice

The Injured to get no Sympathy when Applying Legal Principle says Court

In awarding the full costs of a 28 day medical malpractice trial against the unsuccessful injury claimant the Court of Appeal had this to say, [213]     I am not unsympathetic to the plight of the [] family. As a consequence of … Continue reading

Malpractice Lawsuit Dismissed for Late Filing

Medical malpractice claims are among the most complex, risky and unpredictable civil claims to bring before the British Columbia court. This Court of Appeal case reveals the extent to which timing a medical negligence claim with recovery can determine the … Continue reading

Fatally Flawed Medical Malpractice Award Overturned on Appeal

  The B.C. Women’s Hospital and one of it’s nurses successfully appealed this $1.7 million personal injury award in which they were found to have negligently injured a patient ( 2015 BCSC 1941 ). The trial judge found the Nurse to have breached … Continue reading

The Zero Money Offer in Medical Malpractice Cases

Medical malpractice cases are among the most sophisticated and complicated civil claims to pursue.  The Canadian Medical Protective Association, CMPA, defends doctors zealously hiring experts from within their ranks at will. On the other hand claimants are often left with a medical community unwilling … Continue reading

Family Doctor Able to Give Opinion about Nursing Standards

In this medical malpractice case the claimant mother was 28 weeks pregnant when she presented in the emergency room complaining of neck pain. She was seen by a registered nurse and a family practitioner and was discharged with recommendation for massage therapy. She suffered … Continue reading

Family Doctor Blamed but not Named in Car Accident Lawsuit

ICBC insured defendants have lost a bold application to name a family doctor for negligent treatment in this multiple car accident lawsuit (Jack v. Kendrick,2015 BCSC 1872). The claim is for injuries sustained in three separate motor vehicle accidents and the allegation was … Continue reading

Blindness after Surgery Tragic but Coincidental

In this medical malpractice case (Chen v. Ross,2014 BCSC 374) the claimant underwent a Membrane Surgery to remove clouding and to peel scar tissue off the lining of the eye. After the surgery the claimant experienced dramatic loss of vision … Continue reading

Filing for Personal Injury Compensation- How to Make an Injury Claim

British Columbia personal injury claims are different than anywhere else in the world for two mains reasons: 1. The creation of the  Insurance Corporation of British Columbia, ICBC, and 2.  the limited access to private healthcare. In Canada less than … Continue reading

Judge Copies Personal Injury Lawyer in $4 Million Brain Injury Award

This birth malpractice case (Cojocaru v. British Columbia Women’s Hospital and Health Centre,2013 SCC 30) resulting in brain injury affirms the direction that Canadian Courts are taking  to informed consent in personal injury malpractice cases. The multi-million dollar award was … Continue reading

Best Outcome for Medical Malpractice Lawyers in Supreme Court of Canada

A $3.2 million personal injury award has been restored by our top court,the Supreme Court of Canada, helping to reinforce our modern approach to legal causation  in medical malpractice cases(Ediger v. Johnston, 2013 SCC 18) and personal injury cases generally. Personal … Continue reading